Recycling Mandates
Background information
Overview
In recent years, sustainability has become a top priority for local governments. Many local governments view sustainability as a responsibility and critical function of municipal government. Generally speaking, sustainability policy initiatives vary significantly throughout Florida and across the nation. One policy initiative that has gained a fair amount of traction in recent years is recycling mandates, which require large commercial and multifamily buildings to recycle. While these ordinances are well intended, they can be problematic for the apartment industry unless the appropriate flexibility for compliance is provided.
Background
Typically, a mandatory recycling ordinance requires multifamily communities to provide residents with the ability to recycle and/or compost. In some cases, these ordinances also require property owners to keep records related to recycling for a specified period of time. Properties are assessed recycling fees that vary from one municipality to the next.
As industry professionals seek to understand recycling mandates, it is important to consider Chapter 403 of the Florida Statutes, which established recycling goals for the state, local governments, private companies, organizations, and the general public. F.S. 403.7032 states that the goal is for all entities listed above to recycle 75 percent of waste that would otherwise be disposed of in landfills by 2020.
Although this statute originally prompted many local communities to institute or expand recycling programs, many municipalities across Florida are now downsizing or eliminating recycling programs. For example, the City of Deltona suspended its program in 2019. According to an article published in the Orlando Sentinel, “city commissioners made the decision to terminate the program because of rising costs and uncertainty of how many recycled products end up in landfills.”
Problem
Many multifamily properties have embraced recycling, without the need for local mandates. However, as cities seek to market their sustainability to potential residents, mandatory recycling policies are becoming more common throughout the State of Florida. These policies can be problematic in the event there are excessive recycling fees or overly burdensome requirements that make it costly or difficult for multifamily properties to comply.
The additional operational costs created by mandatory recycling policies, such as having to redesign an existing trash disposal area to accommodate recycling bins, can stack up to create a financial burden for the property owner. Some ordinances also require property owners to report recycling rates and keep records of recycling activity, which can create other operational costs for the property. In addition to complicating processes for existing properties, mandatory recycling ordinances can pose challenges for properties under construction that may have been previously designed and approved by the municipality before a recycling requirement was in place.
Examples in Florida
Orlando
In March 2019, the Orlando City Council voted unanimously to pass an ordinance that requires restaurants, bars, and apartments to offer recycling. The Orlando ordinance features a phase-in for compliance based on an apartment community’s unit count. For example, large apartment communities with 250 or more units were given until March 2020 to comply with the requirements. Medium apartment communities with 75 to 249 units were given until 2021, and all other properties must comply by 2023. In addition, property owners are required to keep records demonstrating compliance with the program on file for five years.
Fees: $14.71 for multifamily units with two or more bedrooms and $12.45 for efficiency units/one bedrooms.
Lee County
In September 2007, the Lee County Commission passed an ordinance to require businesses and multifamily properties to recycle, effective January 1, 2008. Under the ordinance, multifamily property owners must provide recycling services for mixed paper and commingled containers. Similar to the Orlando ordinance, the Lee County policy requires property owners to maintain copies of records to validate compliance with the requirements. In the event the property is inspected by the county, the property owner must be able to produce such records on-site or within 20 days, if the records are kept off-site.
Most notably, multifamily properties are required to educate residents through a “formal and ongoing” education program, which includes annual reminders about the program for existing residents. A fine of $300 per violation can be assessed for noncompliance.
Fees: $3.14/cubic yard for 96-gallon carts and $1.65/cubic yard for front load containers
Collier County
In November 2009, the Collier County Commission passed an ordinance to mandate recycling for businesses, including multifamily properties. The ordinance requires properties to recycle, display signage indicating the location of bins, and educate residents in writing twice per year regarding the property’s recycling program. In addition, owners are required to notify the county of the property’s recycling contact and keep records on file that indicate compliance with the ordinance. This ordinance also contains an exemption for properties that would experience an unnecessary hardship in order to comply with the ordinance.
It is noteworthy that Collier’s ordinance also requires the county to establish and operate an awards program, which multifamily properties are eligible for if they are high performers in the program.
Fees: Property owners are able to select a contractor of their choice to be in charge of hauling the recyclables and the fees vary from one provider to the next.
Strategy
There are a number of strategies the association can employ when presented with a recycling mandate at the local level. Below are several strategies to consider. Please keep in mind that the options below are merely intended to give you and your association the ability to brainstorm and assess the specific solution(s) that will work best in your local area.
Click here for a list of general talking points that may be helpful as well.
Potential Options:
- Advocate for an exemption for existing properties or properties already under construction, which would mean the requirement to recycle could only be enforced on new properties that could be developed with this requirement in mind.
- Lobby for a delayed phase-in of the recycling requirement to give property owners additional time to comply with the new mandates.
- Request an exemption for properties that would experience an undue burden due to financial costs associated with compliance or the lack of existing space for the recycling containers.
- Ask for the recycling containers to be provided at zero cost to the property owner under the program.
- Advocate for a sunset to be included in the ordinance. This will allow the mandatory recycling program to be reevaluated to determine whether it is effective or not, rather than continuing in perpetuity.
Questions to consider:
- How likely is the ordinance to pass? In some cases where change is inevitable, it can be valuable to work with, rather than against, the municipality as they work on the ordinance. This is a policy decision the association will need to make on a case-by-case basis.
- Does the ordinance include any penalties for noncompliance? If so, how cumbersome are they?
- Will property owners be penalized if materials collected from the community are deemed contaminated or rendered unrecyclable? There are strict rules regarding what can and cannot be recycled. Oftentimes, residents lack knowledge regarding recycling requirements and unknowingly contaminate other recyclables in the same container.
Additional Resources:
https://www.naahq.org/advocacy/policy-issues/recycling-mandates
https://www.naahq.org/system/files/issues/member-resources/recycling_mandates_talking_points.pdf
https://www.naahq.org/system/files/issues/member-resources/recycling_mandates_fact_sheet.pdf